Disqualification: Lessons from Recent Cases (RECORDING)

CLE NOTICE: IPO will apply
for Ethics credit for this webinar. Please note that not all states will
approve for Ethics credit.

Conflicts of interest in litigation settings plague law firms and their clients, spurred by long term trends such as the advent of megafirms, the proliferation of corporate subsidiaries, and acquisitions. It is thought that most difficult disputes never become public. But disqualification proceedings in courtrooms are far from rare. This webinar will extract lessons for both law firms and their corporate clients on how to try to avoid this minefield, including by analyzing recent disqualification fights in both state and federal courts.

In addition to the professional responsibility issues that are implicated, the economic consequences of disqualification loom large. Law firms can suffer damage to their reputation just by being the target of a disqualification proceeding. In addition, disqualification can be financially costly.

This seminar will look at professional responsibility decisions, as well as the approaches taken by courts when considering disqualification of counsel. It will discuss whether court disqualification will generally occur solely because of an ethical violation — or whether the totality of the circumstances will be analyzed.

Our panel includes a senior litigation counsel at a major tech company, the general counsel of a large international law firm, and an attorney who specializes in legal professional responsibility and ethics. They will analyze recent cases with conflicts issues, including those relating to:

Corporate affiliations

Advance conflict waivers

Marketing conversations with prospective clients

Lateral hires

The hot potato doctrine

Speakers:

William Freivogel, Independent Consultant

Martin Kaminsky, Greenberg Traurig LLP

Deanna Kwong, Hewlett Packard Enterprise

Martin Kaminsky

Greenberg Traurig LLP

serves as the general counsel of Greenberg Traurig, an international law firm with a large IP litigation practice. Previously, Marty represented clients that included public companies, exchanges, and professional services firms and their principals in litigation, including professional responsibility matters. He is author of “Legal and Ethical Issues Involved in Representing Affiliates or Principals of Clients.”

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Deanna Kwong

Hewlett Packard Enterprise

is senior IP litigation counsel within the Office of Legal and Administrative Affairs at Hewlett Packard Enterprise Company (HPE). She and the HPE IP litigation team are responsible for managing all IP lawsuits that are filed against or by HPE worldwide. Prior to joining HPE, Deanna was in private practice for over a decade. Deanna serves on the IPO Damages Committee.

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Michael McCabe

mike@ipethicslaw.com

Michael McCabe of McCabe Law LLC represents patent and trademark attorneys, registered patent agents, and other IP professionals in matters concerning ethics, discipline, and professional responsibility. His practice includes matters before the USPTO’s Office of Enrollment and Discipline and the state bars of Maryland, Virginia, and the District of Columbia. He is a registered patent attorney and previously was a litigation partner at two large firms.

Up to 1.00 CLE credits available | Certificate available
Illinois has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed the on-demand program are eligible to claim credit.
To claim your credit, select the “claim credits” and then “view/print your certificate” for your records.

Up to 1.00 CLE credits available | Certificate available
This course was approved in Virginia, a NY approved jurisdiction, for 1 hour of CLE credit including 1 Hour of Ethics credit. Only registered attendees that viewed the on-demand program are eligible to claim credit.
To claim your credit, select the “claim credits” and then “view/print your certificate” for your records.

Up to 1.00 CLE credits available | Certificate available
Virginia has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed the on-demand program are eligible to claim credit.
To claim your credit, select the “claim credits” and then “view/print your certificate” for your records.